How to Navigate Press Release Copyrights and Permissions Effectively

Press releases are essential tools in the communication arsenal of marketing and PR professionals. However, understanding the copyright and intellectual property laws surrounding press releases is crucial to avoiding legal pitfalls. In this blog, we will unravel whether press releases are copyrighted, what permissions are typically implied, and how to handle intellectual property issues efficiently.

Are Press Releases Copyrighted?

The short answer is yes. Like any written content, a press release is protected by copyright from the moment it is created. This means that the text of the release, any accompanying images, and other content are automatically copyrighted. While a press release's purpose is public dissemination, it's important to note that its content cannot be freely copied verbatim without permission.

The Concept of Implied License

A press release is typically issued with the intent of wide distribution. By labeling a document as a "press release," issuers are generally understood to be offering an implied license for journalists to reproduce the content, often with modifications or enhancements such as adding context and comments.

• Linking to the press release from another platform is not a copyright infringement.
• A press release's facts are usually not protected, but the expression of those facts is.
• Always ensure no NDA or specific restrictions limit the use of press release content.

Avoiding Intellectual Property Issues

When creating or using a press release, be mindful of potential copyright and trademark issues. These include using copyrighted music, artwork, or photography without permission. If your release involves third-party intellectual property, ensure you either have permission to use it or that it falls under fair use.

Best Practices in Press Release Creation

Adopt these best practices to avoid legal complications with your press releases:

• Avoid using trademarked phrases or images without express permission from the owner.
• If necessary, hire an attorney to review your press release for potential intellectual property pitfalls.
• When in doubt, use original content or ensure you have secured the necessary licenses.
• Consider the option of writing about the facts contained in a press release from scratch if the original text might lead to copyright claims.

Understanding Fair Use in Journalism and PR

The fair use doctrine is a legal principle that allows for the limited use of copyrighted material without permission from the rights holders under specific circumstances. It applies primarily to uses in news reporting, teaching, scholarship, or research.

Factoring in Fair Use

• Transform the material: Add new expression or meaning to the original work.
• Use is non-commercial: Uses for educational or research purposes are more likely to be considered fair.
• Use the minimal amount necessary: Copy only as much as is needed to convey the overview or highlight.
• Consider the impact on the market: Avoid uses that would affect the market value of the original work.

Understanding how to maneuver copyright and intellectual property laws can protect your business from unwelcome legal battles and ensure that your press releases serve their intended purpose without costing you more in legal fees.

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